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  1. #1
    Join Date
    Jun 2005
    Location
    Nelson NZ
    Posts
    3,864

    Default Nelson April meeting and newsletter

    NELSON PROPERTY INVESTORS ASSOCIATION

    APRIL 2012 NEWSLETTER

    PO Box 198 Nelson
    Our next meeting is being held at the Nelson Suburban Club, Tahunanui Drive on Tuesday 10 April. The meeting proper commences at 7.30 pm with the ever popular meal at 6pm when you will have the opportunity to chat to other investors. Troy Churton from Department of Building and housing will be speaking. Troy’s title is Industry Advisor. Accompanying him will be our local mediator Maree Sharland. Troy will be speaking about how the new RTA is bedding in along with recent delivery changes. I have mentioned some points I have been tripped up on that will be of interest to most people. Some landlord red necks have been grumbling and moaning about the new way they are doing things. Well it is not as bad as some will have you believe. DBH seem to be in a constant state of change. If you are going to survive and thrive when troubles come your way you need to be fully aware of how to access the processes that they have put in place to help you. For those of you who only put in an application once every year or two you need to listen carefully to what Troy hasto say. Please remember to book the meal by emailing Glenn.
    The Perfect Storm might becoming your way.
    I recently watched a memorial programme on the Japanese Tsunami of last year. Having lived there in the past I feel deeply for the plight of the victims. The tsunami came without warning. Many towns had massive protection walls that were hopelessly over run. People’s savings, families, work places, and social fabric have been ripped apart. Many people are still in shock and may never recover. Yet others are looking toward the future rebuilding their lives and working hard. Here in New Zealandwe are still adjusting and learning how to swim again without trainer wings after a decade of a socialist government. The RTA amendments that were 10 years plus in the making are settling in. DBH and the courts are still arguing with hardened property managers about what some of the new clauses mean. Some of us are finding handy holes we can exploit. The tribunal and dispute resolution process is groaning with delays for some court hearings being several months. It appears to me that the new act is creating more disputes that can only bedetermined at court. Of 22 tribunal applications that I have made since the beginning of the year 6 have ended up at court in front of the Tenancy Adjudicator. Then along comes the inevitable government department restructuring that one expects from a new Governmentin its second term. Prime Minister John Key has revealed plans to merge the operations of the DBH with the Ministry of Economic Development, Department ofLabour and Ministry of Science and Innovation, creating the new Ministry of Business, Innovation and Employment. As NZPIF president Andrew King says "I'm not sure what the Department of Building and Housing has to do with business, innovation or employment”. So far this year I can report the service from DBH is still very good with the waiting time for mediations averaging around 16 calendar days. There was one that took 24 daysfor some reason. Only one sitting tenancy was referred directly to the tribunal which took 41 days but luckily for me the tenants voluntarily vacated before the hearing. The other hearings related to end of tenancy / bond disputes so from a landlord’s point of view they were not urgent.As the various changes in DBH happen with inevitably more on the horizon I have found their processes and responses at times irritating and frustrating. As you the readers can imagine I always meet these obstacles with robust arguments. Some points have been won and some are still being worked on! DBH are becoming less tolerant of sloppy incomplete tribunal applications, and rightly so. If you submit an application without the correct documentation like rent schedule, tenancy agreement, copies of invoices and so forth the application will bereturned. If, as is often the case, the tenant has stopped paying the rent thedelays caused by your poor paper work will hurt you financially whilst you struggle to get on top of the mounting crises the rent arrears and damage canspiral out of control. It is times like this that many landlords blame delays in the system for all of their problems. In case you had not noticed DBH are gradually withdrawing behind their technological mirrors and smoke screens. The days of handing tribunal applications over the counter have long gone. Then they had their facsimile problems and now they are asking for more and more paper work to be submitted electronically. The only way to be out in front is to up skill and invest in ever more clever technology. I now submit invoices incompact pdf format with multiple pages on one file!
    This newsletter ispublished with the Support Summit Property management.

    Remember tosupport our sponsors.
    Yes hardware to do this sort of file creation does cost lots and puts the mum and pop investors who still manage their own properties at a significant disadvantage. They have left some mechanical analogue processes in place (for the meantime) but using them comes with some sort of delay penalty.I have done my best to identify a few other things that have tripped me up with the new RTAand new processes and our speakers have undertaken to address these at ourmeeting. DBH want some feedback on how you are finding their new systems so donot miss the opportunity to participate at the meeting.
    Credit reporting for members.
    One of our members asked the PIA to explain what the changes in the credit reporting environment means for us. Firstly financial members of Nelson PIA have access to a special deal negotiated through our national organisation NZPIF. Deals are available through both Veda and TINZ.
    The credit reporting industry is regulated by the Privacy Commissioner. Landlords were almost excluded from being able to access this data. NZPIF made submissions on the code and because of that landlords have a special class of access. This class excludes certain information like the PPSR

    So what is happening? From what I have read and “understood” which of course is not perfect, two major changes are about to be introduced and it appears probable that landlords will be excluded from these. The first is a new deal struck with the Department of courts for exchange of fines information in return for address information. The other information being gathered relates to consumer credit reporting. This is moving us more towards the international standard were by the credit reporters will be able to supply both negative and positive data. We have always been able to get a bit of an idea of this from the credit enquiry page. The big boys will now have a comprehensive report.We have already seen what can happen when the privacy rights campaigners advance their cause.The access to the Motor Vehicle register has been tightened up. No longer can the general public walk into a Post Shop to buy this information. How ever access via Veda was only down for a few weeks and quickly returned with a few more boxes to tick saying why you as a credit provider should access the data.I note that theMOJ fines search is accessible on my access page but the PPRS sections are greyed out and if I click on it a window pops up saying I am not authorised to access this information. Just how landlords will benefit from knowing if someone has unpaid fines is not clear. Obviously Veda will benefit if a searchis done and probably MOJ will benefit by getting an instant address match.Members who access this information are reminded the privacy code prohibits passing oncredit information to other parties. All searches must be authorised in writing by the subject person. Landlords are only permitted to search prospective tenants which of course mean that you are not permitted to search the same subjects after they have left your property for say debt collection purposes.You must retain all tenancy application forms granting the permission in apaper based system.

    NZPIF CONFERENCE. www.propertyconference.org.nz
    The conferenceis being held this year in Hamilton.Go to the web site for details.

    The annual AGMwill be held during this meeting. Accounts will be handed out. In brief ourbank is healthy allowing us to keep subscriptions the same low $180. We will be running the good tenant of the year award this year, keep our community support donation active, pay our national affiliation fees promptly, and support theNZPIF by paying for representatives to attend various meetings and the annualAGM / conference.The committee work is light but effective. Thanks for those folks on the committee who have supported us in the back ground. If you would like to join the happy bunch who meet two or three times a year to have an input then speak to President Godfrey before the meeting. Finally the financial year is now over and new subscriptions are due again. For those ofyou who get confused with all my words that means you have to pay $180. Please follow the instructions on the attached invoice. Thanks to all of you who have supported Nelson PIA by paying your subs and coming to themeetings. Remember to spread the word. More members means more industryinfluence.
    Last edited by Glenn; 27-03-2012 at 10:23 PM. Reason: formatting


 

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